Друштвене вредности права, правна начела и техничке вредности правног система
Social Values in Law, Legal Principles and Technical Values of Legal System

Author(s): Dragan M. Mitrović
Subject(s): Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Law;Legal system;Social values of law;Legal principles;Technical values of legal;System of law of European Union;Legal transplant;
Summary/Abstract: Law is a value-based purposeful creation. Not only does it adopt social values, but also itself contains specific values technical in character.Social values thoroughly render meaning and purpose to the overall law. They make possible the determination of goals in legal order and system. Technical legal values provide the inner meaningfulness of a legal system and its availability to be efficiently applied. As a result, it may be concluded that social values, which law often claims to be its own, are also contained in a legal system, though indirectly, as the legal system is a part of the law as a broader system.Legal system itself also contains its own values technical in character. It is essential as the legal system is not only meaningful as an idea, but also because it is an operationally purposeful creation. For this reason, yet another important question may be posed: In what way are social values of law being carried out into a legal system? The most probable or almost the only logically acceptable answer is that it is being done by way of legal principles through which social values are being carried out into a legal system as a separate teleological creation within the legal system.It is important to understand that even the most owe-inspiring and technically the best designed legal systems represent but the mere proclamation except on the condition that their performance is not supported by the necessary economic, cultural, organisational and other favorable social conditions essential for the implementation of law. These conditions determine the choice of social values in law, which are thereafter being carried out into a legal system as a separate legal entity, which also has at it disposal its own technical legal values. And the greater the difference among these conditions, proclaimed in the law and performed in life, the greater the unlawfulness and anarchy in a social community are.

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